September 2013

Really? Can they do that? That seems so unfair?! While not at all unheard of in the trial setting, this somewhat creative tactic may likely make its way into the world of North Carolina Workers Compensation.

If a workers compensation case is not settled in pre-trial litigation there will likely be a need for the defense—or the employer’s workers benefits insurance company to show that the amount of damages in which an injured at work individual seeks is excessive. How is this done? Well, after you begin to heal from the injury you may or may not be allowed to return back to work depending on the severity of your injury. The less work you are required to do at work the less opportunity the defense may be able to successfully show that you are close to “pre-accident” health condition. Generally speaking, the amount of function loss to your body is one component of determining a fair workers compensation settlement or demand.

If the insurer can show video of you after the work injury in which you are throwing couches single-handedly into the back of an 18-wheeler, or if you’re doing a back flip off the diving board then you do not appear to be injured. This can be a huge burden for your workers compensation attorney to overcome if a substantial portion of your claim is a back injury that will prevent you from future employment—such as moving furniture.

While it is not a common practice in North Carolina, it may become a commonly accepted practice. There are countless approaches that insured’s attorney will employ to prevent you from getting the compensation you deserve. For this reason, it is imperative that you call us today. At the Law Offices of Michael A. DeMayo it won’t cost you anything to see if we can help. Call now at 877-333-1000. If you prefer, request a free case evaluation. You can do so by going to our website, www.demayolaw.com.